[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR11.11]



[Page 112]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 11_CLAIMS--Table of Contents

 

      Subpart B_Administrative Claims Under Federal Tort Claims Act

 

Sec. 11.11  Administrative claim; when presented; appropriate FEMA office.



    (a) For the purpose of this part, and the provisions of the Federal 

Tort Claims Act a claim is deemed to have been presented when FEMA 

receives, at a place designated in paragraph (b) or (c) of this section, 

an executed ``Claim for Damage or Injury,'' Standard Form 95, or other 

written notification of an incident, accompanied by a claim for money 

damages in a sum certain for injury to or loss of property, for personal 

injury, or for death alleged to have occurred by reason of the incident. 

A claim which should have been presented to FEMA, but which was 

mistakenly addressed to or filed with another Federal agency, is deemed 

to be presented to FEMA as of the date that the claim is received by 

FEMA. If a claim is mistakenly addressed to or filed with FEMA, the 

claim shall forthwith be transferred to the appropriate Federal Agency, 

if ascertainable, or returned to the claimant.

    (b) Except as provided in paragraph (c) of this section, a claimant 

shall mail or deliver his or her claim to the Office of General Counsel, 

Federal Emergency Management Agency, Washington, DC, 20472.

    (c) When a claim is for $200 or less, does not involve a personal 

injury, and involves a FEMA regional employee, the claimant shall mail 

or deliver the claim to the Director of the FEMA Regional Office in 

which is employed the FEMA employee whose negligence or wrongful act or 

omission is alleged to have caused the loss or injury complained of. The 

addresses of the Regional Offices of FEMA are set out in part 2 of this 

chapter.

    (d) A claim presented in compliance with paragraph (a) of this 

section may be amended by the claimant at any time prior to final FEMA 

action or prior to the exercise of the claimant's option under 28 U.S.C. 

2675(a). Amendments shall be submitted in writing and signed by the 

claimant or his or her duly authorized agent or legal representative. 

Upon the timely filing of an amendment to a pending claim, FEMA shall 

have six months in which to make a final disposition of the claim as 

amended and the claimant's option under 28 U.S.C. 2675(a) shall not 

accrue until six months after the filing of an amendment.



[45 FR 15930, Mar. 12, 1980, as amended at 48 FR 6711, Feb. 15, 1983; 49 

FR 33879, Aug. 27, 1984]